Full implementation of the Marrakesh Treaty in Argentina

By Estudio Chaloupka

In June 2018, Bill No. 1762/18 was introduced to implement the Marrakesh Treaty in Argentina. To date, it has been partially sanctioned but is not yet in force. Currently the Congress is discussing modifications to the Law of Intellectual Property that will allow the Marrakesh Treaty to come into force.

The World Intellectual Property Organization (WIPO)-administered Marrakesh Treaty makes the production and international transfer of specially-adapted books for people with blindness or visual impairments easier. It does this by establishing a set of limitations and exceptions to traditional copyright law.

The Treaty was signed in Marrakesh on June 27, 2013, and came into force on September 30, 2016.

The Treaty clarifies that beneficiary persons are those affected by a range of disabilities that interfere with the effective reading of printed material. The broad definition includes persons who are blind, visually impaired, or print disabled or persons with a physical disability that prevents them from holding and manipulating a book.

Works "in the form of text, notation and/or related illustrations, whether published or otherwise made publicly available in any media", including audio books, fall within the scope of the MVT regime.

Another important element is the role played by authorized entities, which are the organizations in charge of performing the cross-border exchange. The rather broad definition of the term encompasses many non-profit and government entities. They are either specifically authorized or "recognized" by the government as entities that provide many functions including education and information access to beneficiary persons. Authorized entities have the duty to establish and follow their own practices in several areas, including establishing that the persons they serve are beneficiary persons, providing services only to those persons, discouraging unauthorized uses of copies, and maintaining "due care" in handling copies of works.

All WIPO member states are eligible to become party to the Marrakesh Treaty. To become a member, a state must deposit an "instrument" declaring its intention with the Director General of WIPO. This instrument must be signed by the Head of State, the Head of Government or the Minister of Foreign Affairs.